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' In KLEINFELDER <br /> ' 8 LIMITATIONS <br /> 1 <br /> ' Kleinfelder has prepared this report in accordance with the generally accepted standards of care <br /> which exist in San Joaquin County at the time of writing. It should be recognized that definition <br /> and evaluation of geologic and chemical subsurface conditions are difficult. Judgments leading <br /> ' to conclusions and recommendations are generally made with an incomplete knowledge of the <br /> subsurface and/or historic conditions applicable to the site. More extensive studies may further <br /> reduce the uncertainties associated with this assessment. Kleinfelder should be notified for <br /> additional consultation if the client wishes to reduce the uncertainties beyond the level associated <br /> with this report. No warranty, expressed or implied, is made. <br /> ' Kleinfelder offers various levels of investigative and engineering services to suit the varying <br /> needs of different clients. Although risk can never be eliminated, more detailed and extensive <br /> investigations yield more information, which may help understand and manage the level of risk. <br /> ' Since detailed investigation and analysis involves greater expense, our clients participate in <br /> determining levels of service which provide adequate information for their purposes at <br /> ' acceptable levels of risk. First Service Properties has reviewed the scope of work and <br /> determined that it does not need or want a greater level of service than what was provided. <br /> Regulations and professional standards applicable to Kleinfelder's services are continually <br /> ' evolving. Techniques are, by necessity, often new and relatively untried. Different professionals <br /> may reasonably adopt different approaches to similar problems. Therefore, no warranty or <br /> guarantee, expressed or implied, will be included in Kleinfelder's scope of service. <br /> During the course of the performance of Kleinfelder's services, hazardous materials may be <br /> discovered. Kleinfelder will assume no responsibility or liability whatsoever for any claim, loss <br /> ' of property value, damage, or injury that results from pre-existing hazardous materials being <br /> encountered or present on the project site, or from the discovery of such hazardous materials. <br /> Nothing contained in this scope of work should be construed or interpreted as requiring <br /> Kleinfelder to assume the status of an owner, operator, generator, or person who arranges for <br /> disposal, transport, storage or treatment of hazardous materials within the meaning of any <br /> tgovernmental statute, regulation or order. <br /> This document may be used only by the client (and regulatory agencies having enforcement <br /> jurisdiction over the project site) and only for the purposes stated, within a reasonable time from <br /> its issuance. Land use, site conditions (both on site and off site) or other factors may change over <br /> time, and additional work may be required with the passage of time. Anyone other than the <br /> client who wishes to use or rely on this report, shall request permission from Kleinfelder in <br /> writing. Based on the intended use of the report, Kleinfelder may require that additional work be <br /> performed and that an updated report be issued. Non=compliance with any of these requirements <br /> by the client or anyone else will release Kleinfelder from any liability resulting from the use of <br /> this document by any unauthorized party. <br /> 42162.1301 /ST04R854 Page 22 of 22 <br /> ' Copyright 2004,Kleinfelder,Inc. July 1,2004 <br />